Confidential
Settlement – $231,500Judge
Mediator
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Paul R. Markley
(Law Office of Paul R. Markley)
Defendant
Evan A. Berman
(Berman Berman Berman Schneider & Lowary LLP)
Facts
On Jan. 22, 1996, the plaintiff driver, a 31-year-old unemployed woman, was driving a vehicle owned by the co-plaintiff. She was traveling eastbound on Corson in Pasadena when she was broadsided by a truck operated by the defendant driver, during the course and scope of his employment with the defendant towing company. The flat bed truck was owned by the defendant truck owner. (Two independent eye witnesses stated the light was green for the plaintiff driver when she entered the intersection.) She has no memory of the accident. A passenger in the tow truck, whose vehicle was being transported by the defendants, stated the light was green for the defendant 70 feet from the intersection, but that was the last time he saw the light. The defendant driver stated the light was green in his direction when he entered the intersection. The plaintiffs brought this action against the defendants based on negligence and respondent superior theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $213,000. After plaintiff's C.C.P. º998 demand, the plaintiff had hardware removed from her clavicle, and her doctor indicated she would have work restrictions. The defendants made a C.C.P. º998 offer of compromise for $160,000.
Specials in Evidence
$66,000 $204,957 $50,000 - $100,000
Injuries
The plaintiff sustained fractures of the pelvis, in four places, the left clavicle, the left scapula and several ribs; a subdural hematoma, injured left arm, skull and neck requiring hospitalization for several weeks. She claimed future plastic surgery is needed.
Other Information
The vehicle driven by the defendant was not insured at the time of the accident, consequently, any recovery was limited to special damages pursuant to Proposition 213. MEDIATION: A mediation was held on Feb. 8, 1998, before retired Comm. Anita Rae Shapiro of ARC, resulting in the reported settlement.
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